Email: bowie@dvc.hk

José-Antonio Maurellet SC

  • BA Jurisprudence (Law), University of Oxford (St. Edmund Hall) (1999)
  • PCLL, University of Hong Kong (2000)

Year of call

  • 2000 (Hong Kong)
  • 2016 (Hong Kong Inner Bar)
  • British Virgin Islands Circuit of the Eastern Caribbean Supreme Court, Solicitor (non practising)
  • Law Society of England & Wales (non practising)
  • Singapore International Commercial Court, Registered Foreign Lawyer
  • Astana International Financial Centre Court (rights of audience)

Profile

José-Antonio Maurellet S.C. is a Hong Kong born Eurasian. He is an English, Cantonese and French native speaker. He also can speak some Mandarin. Jose read law at St Edmund Hall, Oxford University. He was called to the Hong Kong Bar in 2000 and to the Inner Bar in 2016. He was admitted in 2020 as a solicitor of the Eastern Caribbean Supreme Court, British Virgin Islands circuit.

He is an associate member of 3 Verulam Buildings in London.

He has advised and acted in numerous shareholder disputes, winding up petitions, and applications arising out of liquidations of companies (for example applications for provisional liquidators, receivers , validation orders , S.221 examinations, unfair preference proceedings).

 He has also appeared in schemes involving :

- Privatisations (Re Joyce Boutique Group Ltd, Re China Agri-industries Holdings Ltd, Re Dah Chong Hong Holdings Ltd, Re China Power Clean Energy Development Company, Re HAECO, Re eContext and Re Wheelock Properties) as well as 

- Creditor schemes (Re Kaisa Group Holdings, Mongolia Mining Corporation and Z-Obee Holdings, Re Tai Kam Construction Engineering, Re UDL Holdings Ltd)

He also regularly acts in disputes arising from banking/financial services, in particular alleged mis-selling of financial products. He has previously acted for the Securities and Futures Commission as well as the Listing Division of the Stock Exchange of Hong Kong. He has appeared before the Listing Appeals Committee as well as the Takeovers and Mergers Panel.

Mr. Maurellet is a member of the HKIAC Panel of Arbitrators and the Panel for Financial Services Disputes; as well as the HKIAC Panel of Emergency Arbitrators. He currently is a Council member of the Hong Kong International Arbitration Center as well as a former member of its Appointments Committee.

He regularly appears as counsel in arbitrations, and has acted in Court related proceedings such as injunctions in aid of arbitral proceedings as well as applications for leave to enforce and leave to set aside arbitral awards . He also sits as an arbitrator from time to time.

He is also a CEDR accredited mediator.

He was a Contributing Editor of the Hong Kong Civil Procedure (“the White Book”) from 2003 to 2018, is a Consultant Editor of the Hong Kong Law Reports and Digest and is also a Contributing Editor of “Company Law in Hong Kong.”

Company and Insolvency

  • Kwok Hiu Kwan v Johnny Chen & Anon [2020] 3 HKC 403 (decision of chairman of shareholder meeting’s, whether reviewable and construction of articles) 
  • Re ACE International [2020] 2 HKLRD 508 (winding up of solvent foreign incorporated company, relevance of availability of remedies in place of incorporation)
  • Fountain II ltd v Ping An & Anon [2020] 1 HKLRD 429 (unfair prejudice injunction to restrain rights issue based on improper purpose and ‘Wednesbury’ grounds)
  • Re China Power Clean Energy Development Co Ltd [2019] HKCLC 797 (privatisation scheme, relevance of ownership of the State owned Assets Supervision and Administration Council)
  • Re Haw Par Pharmaceuticals [2019] HKCLC 765 (appointment of provisional liquidators by contributory, issue of locus)
  • Kwok Hiu Kwan v Johnny Chen& Convoy Global Holdings [2018] 6 HKC 394 (Chairman’s power to rule on objection for voting purpose under the articles, meaning of ‘final and conclusive’)
  • Re Wah Nam Group Ltd [2017] HKCLC  (reflective loss, time bar)
  • Re Mongolian Mining Corporation [2018] 5 HKLRD 48 & [201] HKCLC 349 (scheme of arrangement of Cayman company with shares listed in Hong Kong)
  • Re Bank of East Asia Ltd (no2) [2018] 4 HKLRD 427 (leave to publish points of defence in proceedings involving a publicly listed bank)
  • Re Bank of East Asia Ltd (No1) [2018] 4 HKLRD 396 & [2018] HKCLC 321 (discovery in the context of unfair prejudice petitions)
  • Re CW Advanced Technology [2018] 3 HKLRD 552 & [2018] HKCLC 261 (appointment and powers of provisional liquidators, discussion on legal effects of Singapore Moratorium)
  • Re Bank of East Asia [2018] HKCLC 211 (striking out of petition based on allegation of improper purpose)
  • Re China Solar Energy Holdings [2018] 2 HKLRD 338 & [2018] HKCLC 135 (provisional liquidation, whether listed status an asset and role of restructuring)
  • Re JV Fitness [2018] 1 HKLRD 553 & [2017] HKCLC 289 (regulating order, importance of duty of disclosure for appointment as liquidator)
  • Re Convoy Global [2018] HKCLC 181(injunction to restrain company from implementing decision of its board)
  • Re Petrocom Energy [2018] 1 HKLRD 1 & [2017] HKCLC 233 (permanent stay of winding up, relevance of form of undertaking)
  • Re Z Obee Holdings Ltd [2018] 1 HKLRD 165 & [2017] HKCLC 253 (cross border scheme of arrangement of company listed in Hong Kong, issue of who has locus to be proper applicant)
  • Re Jessop & Baird [2017] 5 HKLRD 314 & [2017] HKCLC 223 (application for receivers, relevance of a buy out being sought)
  • Re China Solar Energy Holdings Ltd [2017] 2 HKLRD 1074 (role of provisional liquidator, approval of documents relating to restructuring)
  • Re Kaisa Group Holdings [2017] 1 HKLRD 18  & [2016] CLC 355 (cross border scheme, whether sufficient connection to the jurisdiction, effect of ‘consent fee’ on classes)
  • Re AGI Logistics [2016] 5 HKLRD 737 & [2017] 2 HKC 51 & [2016] HKCLC 503 (HK approach to post winding up petition payments from a company’s Bank , whether a “disposition”)
  • Re Joint Silver [2016] HKCLC 595 (whether to order compulsory winding up when voluntary winding up)
  • Re Lucky Resources [2016] 4 HKLRD 301 & [2016] HKCLC 397 (winding up on the basis of arbitral award with no leave to enforce obtained)
  • Re G Limited [2016] 1 HKLRD 167 (parallel petitions, assistance to and recognition of foreign liquidators)
  • Re Cheung Siu Kin [2015] 5 HKLRD 923 (transaction at undervalue / unfair preference)
  • Re First China Financial Network Holdings Ltd [2015] 5 HKLRD 530 (S.214(2)(d) of the Securities and Futures Ordinance disqualification of director)
  • Re Bank of East Asia [2015] 4 HKC 137 (Inspection of records under S.740 of the New Companies Ordinance, whether proper purpose)
  • MF Global (No 4) [2015] 2 HKLRD 325 & [2015] 2 HKC 424 (whether ad valorem duty payable by S. 193 PL’s continuing to act after a winding up order). Decision below reported at [2012] 5 HKLRD 486.
  • Securities and Futures Commission v Ernst & Young [2014] 3 HKC 406 (S.185 of the SFO, whether reasonable excuse, and legal impediments under PRC law)
  • Re China Medical Technologies Inc [2014] 2 HKLRD 997 (ancillary winding up of foreign company pursuant to S.327 of the Companies Ordinance, existence of the 3 core requirements)
  • Re Masterwise & Anon [2014] 1 HKLRD 1129 & [2014] HKCLC 69 (S.152FA, whether records of a subsidiary of a “specified corporation” covered, whether directors should pay costs of successful applicant)
  • Wong Ming Bun v Wong Ming Fan [2014] 1 HKLRD 1108 & [2014] 4 HKC 316 & [2014] HKCLC 51 (whether applicable law is that of the place of incorporation or rather the lex fori which governs whether a derivative action is available in Hong Kong)
  • Re Shiamas [2014] HKCLC 589 (winding up based on foreign judgment under appeal)
  • Re Pedagogic [2014] 1 HKLRD 613 & [2014] 2 HKC 388 & [2013] HKCLC 695 (stay of S.228A voluntary winding up)
  • Re Grand China [2013] 4 HKLRD 1 & [2013] HKCLC 687 (practice and procedure regarding adjournment of petitions)
  • Re Longmay International [2013] HKCLC 349 (winding up, liquidated damages)
  • Re Hub Global Freight Solutions (HK) Ltd [2013] HKCLC 407 (application for shareholders inspection)
  • Securities and Futures Commission v Ernst & Young [2013] 6 HKC 156 (Notices issued under S.183 of the Securities and Futures Ordinance, whether cross examination in the interests of justice)
  • Re Piper Jaffrey Securities [2013] 2 HKLRD 835 (how wound up brokerage should deal with unclaimed delisted shares)
  • Re SNE Engineering [2013] HKCLC 303 (winding up , relevance of cross claim)
  • Re Sumore Corporation [2013] 1 HKLRD 153 & [2012] HKCLC 787 (whether liquidators biased and whether removal justified)
  • AR Evans v Novel [2012] 4 HKLRD 511 & [2012] HKCLC 545 (statutory derivative action, whether specified corporation, scope of 168A proceedings v derivative proceedings)
  • Re Opes Asia Development Ltd [2012] 4 HKLRD I2 (inspection under the then S. 152 FA of the Companies Ordinance in the context of a listed company and need to be registered shareholder to have locus)
  • Re Gottinghen [2012] 3 HKLRD 453 & [2012] 3 HKC 299 & [2012] HKCLC 459 (principles on winding up of solvent unregistered foreign companies)
  • Re MF Global (No. 2) [2012] 3 HKLRD 56 & [2012] 4 HKC 333 & [2012] HKCLC 743(principles regarding interim payment of provisional liquidators fees, as well as their agents)
  • Eastman Chemical v Heyro Chemical Ltd [2012] 2 HKLRD 135 (injunction to restrain proceedings on the grounds of ongoing winding up petition)
  • Re Nam Tai Trading [2012] HKCLC 513 (adjournment of winding up)
  • Re Starbay International [2012] 1 HKLRD 508 & [2012] 1 HKC 274 & [2011] HKCLC 807(consequences upon a conversion from compulsory winding up to a creditors voluntary winding up)
  • Re Applied Development [2011] 5 HKLRD 241 & [2011] 5 HKC 361 & [2011] HKCLC 623, (application by shareholder for inspection of records of company pursuant to s 152 FA of the Companies Ordinance and whether it applies to subsidiary of company)
  • Official Receiver v Danvil Chan [2011] HKCLC 679 (director/liquidator disqualification proceedings)
  • Re Mandarin [2011] 3 HKC 215 & [2011] 2 HKLRD 1003 & [2011] HKCLC 241 (leave to convene meeting when allegation of quasi partnership/wrongdoing by majority)
  • RE M Kirpalani [2010] HKCLC 261 (striking out of winding up prayer)
  • Re Wheelock Properties [2010] 4 HKLRD 587 & [2010] 6 HKC 106 & [2010] HKCLC 303(privatisation scheme of listed company post PCCW decision)
  • Koide v Koide [2010] 4 HKLRD 121 * [2010] HKCLC 283 (injunction to restrain change of legal representative in WOFE)
  • Re UPT [2009] 5 HKLRD 740 (leave to appeal S.221 order out of time)
  • Official Receiver v Philip Tose & Anon [2009] HKCLC 135 (disqualification of director proceedings against Mr Andre Lee)
  • Chu v Tsang [2009] 5 HKLRD 105 (power of board used for improper purposes)
  • Yau v Italina [2009] 1 HKLRD 307 & [2008] HKCLC 465 (application by shareholder seeking consolidated accounts)
  • Re Lee Siu Fung [2009] 1 HKC 181 (striking out bankruptcy extension)
  • Re Peace Mark Production [2008] HKCLC 417(validation order application in the context of a group restructuring)
  • Re Sweetmart [2008] 2 HKC 252 & [2008] HKCLC 29 (unfair preference in winding up proceedings)
  • Re TS Wong [2008] 5 HKLRD 469 & [2008] HKCLC 333 (distribution order for insolvent brokerage)
  • Re UDL Holdings [2006] 3 HKLRD 84 (leave to modify Scheme of Arrangement)
  • Re F&S Express Ltd [2005] 4 HKLRD 743 (statutory derivative action)
  • Muir v Huge Returns [2005] 1 HKLRD 317 & [2004] 4 HKC 626 (injunction to restrain resolution based on shareholders agreement)
  • Re Kenworth [2005] 2 HKLRD 97 (construction of terms of scheme of arrangement)
  • Re Luen Yick Water [2005] 2 HKLRD E4 (appeal by liquidator of decision made by the committee of inspection)
  • Re Luen Cheong Tai [2004] 1 HKLRD 735 (validation order)
  • Re Wing Fai Construction Company Ltd [2004] 3 HKC 393 (S.221 examination order)

Commercial

  • Television Broadcasts Ltd v Persons unlawfully and willfully damaging any property [2020] 2 HKC 561 (quia timet injunction)
  • Chu Kong v Lau Wing Yan [2019] 1 HKLRD 589 (stay in favour of arbitration, relevance of derivative claim)
  • Garson Real Property (In Liq) v Ho Pui Fong [2018] 5 HKC 555 (injunction, ongoing duty of full and frank disclosure)
  • Paloma Co v Capxon Electronic [2018] 2 HKLRD 1424 (setting aside of Convention arbitral award)
  • Chang Pui Yin v Bank of Singapore [2017] 4 HKLRD 458 (CA) (application of Unconscionable Contracts Ordinance and Control of Exemption Clauses Ordinance to banking documents, reported below at [2016] 5 HKC 329)
  • Re Chau Cham Wong Patrick [2016] 2 HKLRD 278 (mareva injunction, effect of delay, whether real risk of dissipation shown)
  • John Li Kwok Heem v Standard Chartered Bank [2016] 1 HKC 535 (claim based on ‘mis-selling’ of Madoff related funds)
  • Re the Estate of Lim Por Yen [2016] 1 HKLRD 678 (discovery in the context of probate proceedings)
  • Re Estate of Kwok Wing Fai [2016] 1 HKC 364 (approach to testamentary intention, passing over)
  • Elco Holland v Airwell [2015] 5 HKC 375 (implied term by reason of business efficacy)
  • Chan Sang v Chan Kwok [2015] 3 HKLRD 131 (common intention constructive trust)
  • Koo v Commissioner of Inland Revenue [2014] 6 HKC 389 (proper scope of judicial review in challenge to additional assessment to tax)
  • Chiu Luen Public Light Bus v Persons Unlawfully Occupying [2014] 6 HKC 298 (injunction on basis of public nuisance arising out of ’occupy central’)
  • JSC Bank v Ablyazov [2014] 5 HKC 209 (when appropriate to make injunctive orders in aid of foreign proceedings under s.21M of the High Court Ordinance)
  • T v TS [2014] 4 HKLRD 772 & [2014] 6 HKC 247 (stay in favour of arbitration, whether arbitration clause ‘spent’)
  • Melco Crown v Wong Yam Tak [2014] 3 HKLRD 267 (irregular judgment in the context of substituted service)
  • Maeda Corporation v HKSAR [2014] 1 HKLRD 1 (leave to appeal arbitration award)
  • Wang v GEM Global [2013] 16 HKCFAR 785 (conditional leave to the Court of Final Appeal, whether to order payment into Court as condition)
  • Liu Wai Keung v Liu Wai Man [2013] 5 HKLRD 9 (whether constructive trust, whether S.20(1)(b) of the Limitation Ordinance applies)
  • Konwall Construction v Strong Progress [2013] 3 HKLRD 503 (approach to contractual interpretation and implied terms)
  • Re Loo Che Chin [2013] 2 HKLRD 739 & [2013] 6 HKC 303 (when an executor under a will can be passed over)
  • LaiJian Ping v ABN Amro [2013] 3 HKC 571 (relevance of mirror counterclaim for purpose of security for costs)
  • Tele-Art Inc. v Bank of China [2012] 5 HKLRD 399 & [2013] 2 HKC 203 (circumstances when mortgagee can withhold security for future costs)
  • R v F [2012] 5 HKLRD 279 (leave to set aside arbitral award)
  • Secretary for Justice v Carson Yeung [2012] 3 HKLRD 491 & [2012] 6 HKC 91 (Restraint Order: whether need for cap, relevance of full and frank disclosure)
  • Asia Pac v Shearman & Sterling [2012] 3 HKLRD 321 (whether assignment created new cause of action, effect on time bar)
  • Eastman v Heyro [2012] 3 HKLRD 307 (mareva injunction, whether real risk of dissipation and relevance of low standards of commercial morality)
  • AR Evans Capital Partners v Novel Alternative Investment [2012] 2 HKLRD 251 (meaning of “ordinary residence” for the purpose of security for costs)
  • Golden Garden Management Ltd. v Grand TG Gold Holdings Ltd. [2012] 1 HKLRD 934 & [2012] 3 HKC 228 (use of “on or before” in promissory note)
  • Francis Kwan v Hong Kong Exchange [2012] 1 HKLRD 546 (whether constructive dismissal/interpretation of terms of compromise)
  • Tele-Art Inc v Bank of China [2012] 1 HKLRD 484 (trial of preliminary issues involving interpretation of banking documents, basis of costs to be recovered and provision for future legal expenses)
  • Sim Kon Fah v JBPB [2011] 4 HKLRD 45 (injunction to restrain use of alleged confidential information stored in ex employer’s computer)
  • Cido v Woori Bank [2011] 4 HKC 430 (injunction by client to compel bank to comply with mandate)
  • Wang v Gem Global [2011] 3 HKLRD 785 (availability of market and mitigation)
  • Burberry v Polo Santa [2011] 3 HKC 466 (stay of civil proceedings on the ground pending criminal proceedings)
  • TND v Lau [2010] 5 HKLRD 330 (whether proper defendant to be representative of class)
  • OTC v Perfect Recovery [2009] 3 HKC 395 (interpretation of Transfer of Business Ordinance)
  • Yip v Wing Fai Construction Co Ltd [2009] 12 HKCFAR 800 (breach of directors duties)
  • Koo v Next Media [2009] 2 HKC 214 (offer/acceptance and unilateral contracts)
  • Dynasty Line v Lee [2009] 4 HKLRD 454 & [2009] 4 HKC 184 (service out of the jurisdiction)
  • Fubon Bank v First Prime Group Ltd & Ors [2009] 4 HKLRD 283 (interpleader)
  • Voce v Henley [2008] 5 HKLRD 429 & [2008] 6 HKC 1 (role of registered foreign lawyer)
  • ABN v Fortgang [2008] 2 HKLRD 349 (service out/submission to jurisdiction)
  • Hoi Sing v ITC Corporation Ltd [2008] 2 HKLRD 454 (strike out the action for want of prosecution/abuse of process)
  • RACP v Li Xiao Bo [2007] 2 HKLRD 331 & [2007] 3 HKC 1 (leave to directly enforce overseas a worldwide Mareva injunction order)
  • Chiu v Charter [2008] 3 HKC 245 (Small Claims Tribunal costs)

Professional Negligence

  • Chan Chi Ming v Brilliant Rise [2009] 4 HKC 458 (claim for costs against solicitor based on want of authority)
  • Jopard Holdings v Centaline Anon [2005] 1 HKLRD 317 (claim in negligence brought against estate agents)
  • Susan Field v BAL [2004] 3 HKLRD 871 (claim against investment adviser)

Arbitration related

  • Council member of the Hong Kong International Arbitration Center Panel of Arbitrators (“HKIAC”) (since October 2018)
  • Member of the Appointments Committee of the HKIAC (May 2017 to May 2020)
  • Member of the Panel of Arbitrators of HKIAC
  • Member of the HKIAC Panel of Arbitrators for Financial Services Disputes
  • Member of the HKIAC Panel of Emergency Arbitrators
  • Member of the Approved List of Arbitrators of the Chinese European Arbitration Center
  • Xiamen International Financial Arbitration Centre, listed arbitrator 

Statutory board/tribunal, advisory panels and other appointments

  • Member of the examining panel of  Higher Rights of Audience Assessment Board (March 2020-)
  • Member of the High Court Rules Committee (August 2018-)
  • Member of Panel A of the disciplinary tribunal of the Hong Kong Institute of Certified Public Accountants (2017-)
  • Law Reform Commission, Access To Information sub-committee member (May 2013 - now)
  • Law Reform Commission, outcome-related fee arrangements for arbitration sub committee member (November 2019-now)
  • Member of the Independent Police Complaints Council (2016-2019)
  • Buildings Ordinance Appeals Tribunal, Chairman (2012 – 2018)
  • Member of the Board of Review (2011 – 2013)
  • Member of the Disciplinary Board Panel under the Lands Survey Ordinance (2007 - 2013)
  • Deputy District Judge (December 2012)
  •   Deputy High Court Judge (mid May to mid June 2018 & mid February to mid March, and end of July to mid August  2019, mid June to early July & mid to end of August 2020)

Hong Kong Bar Association

  • Vice Chairman (2017-2019, three terms)
  • Standing Committee on International Practice (past vice chairman)
  • Standing Committee on Practice Development (past chairman)
  • Standing Committee on Professional Development (past vice chairman)
  • Standing Committee on Bar Scholarship (member)
  • Committee on Financial and Securities Law (member)
  • Member of the Bar Council (2002-2003, 2010, 2011-2012)
  • Member, Barristers Qualification Examination – Panel on Company Law (2013-)

Academic

  • Hong Kong University, former External Examiner for the PCLL “Commercial Dispute Resolution” and “Corporate and Commercial Transactions I”
  • Contributing Editor of Hong Kong Civil Procedure (“the White Book”) from 2003 to 2018
  • Consultant Editor of the Hong Kong Law Reports and Digest
  • Contributing Editor of “Company Law in Hong Kong”
  • Contributing Editor of “Commercial Litigation in Hong Kong” with joint responsibility for the chapter on mareva injunctions
  • Hong Kong Bar Scholarship (2000)